TranSystems Corporation - LGM Construction

(x) have the effect of waiving and releasing, to the extent of the
proceeds that are or would be payable to it in respect of policies of
property insurance that the Subcontractor maintains in force or that
are generally available to insure personal property comparable to
that of the Subcontractor in the metropolitan area in which the Site
is located, all rights of recovery, claim, action or cause of action
that it may now or later have against FedEx or Landlord or
FedEx’s or Landlord’s agents, officers and employees, by virtue of
any loss or damage to the Subcontractor’s personal property,
regardless of cause or origin, including, without limitation, the
negligence of FedEx or any of its representatives, agents,
employees, contractors and invitees;
(xi) set forth an adequately defined scope of performance and bind the
Subcontractor to the requirements relating to contract sum
adjustments for changes in the scope of its portion of the Work, as
set forth in Section 9.03 below;
(xii) when applicable, require the Subcontractor to provide drawings in
AutoCAD or compatible format (or such other format then in
common use by commercial architects as FedEx may designate
from time to time);
(xiii) require the Subcontractor to use test forms that FedEx provides
when conducting tests that must be performed in respect of its
portion of the Work;
(xiv) accord to Contractor a right to terminate the Subcontract without
cause that is comparable to the right set forth in Section 25.02 of
this Agreement and obligate the Subcontractor to reserve a
comparable right in its favor in any lower-tier Subcontract;
(xv) include warranties in favor of Contractor and FedEx substantially
the same as those set forth in Sections 18.01 and 18.04 of this
Agreement; and
(xvi) incorporate dispute resolution provisions that are substantially the
same as, and consistent with, Article 26 of this Agreement.
Section 7.05. Unit Prices. As required by the Contract Documents, Contractor shall
solicit unit price bids from prospective Subcontractors for certain portions of the Work and, in
the Subcontracts awarded with respect to those portions of the Work, shall obligate the
Subcontractor (i) during the term of the Subcontract to adjust the contract sum set forth in the
Subcontract based on the unit prices it bid (without the application of any multiplier) if changes
in the Work that FedEx requests affects that Subcontractor’s portion of the Work, and (ii) to
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